The Progressive Assault on Laissez Faire: Robert Hale and the First Law and Economics MovementLaw and economics is the leading intellectual movement in law today. This book examines the first great law and economics movement in the early part of the twentieth century through the work of one of its most original thinkers, Robert Hale. Beginning in the 1890s and continuing through the 1930s, progressive academics in law and economics mounted parallel assaults on free-market economic principles. They showed first that "private," unregulated economic relations were in fact determined by a state-imposed regime of property and contract rights. Second, they showed that the particular regime of rights that existed at that time was hard to square with any common-sense notions of social justice. |
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... for the first area , as a result of three widely cited and formative articles redescribing " free market " exchanges as a network of coercion.15 The bulk of Hale's 4 writing , however , was in the second and INTRODUCTION.
... exchange , an owner's right to contract for the use or exchange value of her property was acknowledged to be an important part of the total economic value of that property . At the same time , as the courts broke free of their ...
Robert Hale and the First Law and Economics Movement Barbara H. Fried. 18 exchange entirely , and the lesser included right to retain whatever price one could extract for agreeing to relinquish that right . That situation meant that when ...
... exchange value of property are ineluctably creatures of the state , owing their existence to the government's willingness to articulate and enforce them through the rules of property and contract . In its broad outlines , Hale's ...
... exchange value of such property , he argued , Lockean principles were equally indeterminate in fixing the extent of hold- up powers that an owner could exercise in setting the " market " price . Hale's development of the latter point in ...
Contents
1 | |
2 The Empty Idea of Liberty | 29 |
3 The Empty Idea of Property Rights | 71 |
4 A RentTheory World | 108 |
Rate Regulation of Public Utilities | 160 |
6 Conclusion | 205 |
Notes | 217 |
Index | 333 |
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The Progressive Assault on Laissez Faire: Robert Hale and the First Law and ... Barbara H. Fried No preview available - 2001 |